9911796707
TMI Blog2022 (1) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 months and therefore, the assessee preferred the application for condonation of delay, which was rejected by the learned CIT(Appeals). We find that even the order of the learned CIT (A) in not admitting the appeal of the assessee is an order passed in contravention of Section 14 of the Insolvency and Bankruptcy Code 2016. This is for the reason that the section 14 prohibits even continuation of proceedings during moratorium against the corporate debtor. In view of this, the order of the learned CIT(A) in not admitting the appeal of the assessee is in contravention of Section 14 of the IBC and therefore not sustainable. We allow the appeal of the assessee with respect to the ground No.1 of the appeal and restore these appeals back to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese common order. 02. Seven Appeals are :- i. ITA No. 1862/Mum/2020 for Assessment Year 2006-07 is filed against the order of CIT(A) dated 29.07.2020, wherein the order passed by the Assistant Commissioner of Income Tax, CC-10 (Now CC2/4). The learned Assessing Officer passed under section 143(3) of the Act on 31.03.2014. The appeal of the assessee against that order is dismissed as not admitted. ii. ITA No. 1863/Mum/2020 for Assessment Year 2007-08 is filed against the order of CIT(A) dated 30.07.2020, wherein the assessee filed appeals against the order dated 31.03.2014 passed by the learned Assessing Officer under section 153A read with section 143(3) of the Act, dismissing it as not admitted. iii. ITA No. 1864/Mum/2020 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he brief facts of the case shows that the assessee company is engaged in the business of manufacture and dealer of chemicals, filed its return of income on 30.11.2006 declaring total income of ₹37,73,44,953/- and the book profit under section 115JB was also disclosed at ₹151,34,9970/-. The action under section 132 of the Income-Tax Act took place in the case of the assessee along with other group entities and therefore the notice under section 153A of the Act was issued on 09.01.2012. In response , assessee furnished return on 29.02.2012 declaring income of ₹38,16,47,426/- as per normal provisions and the book profit income of ₹151,12,970/-. 04. The learned Assessing Officer made an addition of ₹11,08,53,743 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 11.06.2018, wherein an interim resolution Professional has been appointed under IBC-2016. He referred to Para No.13 of that order to show that the petition was filed on 22.02.2006 and order is passed on 11.06.2008, whereas the order of the learned CIT (A) is passed on 29.07.2020. He further referred to the order of the National Company Law Appellate Tribunal (NCLAT) in the above case dated 18.11.2019, which clearly shows that resolution process is continuing. He therefore submitted that the learned CIT (A) could not have passed the order against the assessee company during the continuous resolution process. He specifically referred to provision of Section 14 of IBC-2016. Even otherwise, he submitted that the delay caused in these appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the director, who signed appeals, was authorized to file the appeals at that time. Therefore, his submission was that the Director, who signed these appeals was authorized by IRP to present this appeals before ITAT. He further submitted another letter dated 20.12.2021, wherein he submitted revised from No.36, wherein the appeal was presented by the official liquidator of the assessee company. He submitted that Insolvency resolution process is over and company has been referred for liquidation by appointing official liquidator. He therefore submitted that even otherwise, now defect is cured and the appeal of the assessee before this Tribunal is filed in proper manner duly signed by the official liquidator and therefore it should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore not sustainable. Thus, we allow the appeal of the assessee with respect to the ground No.1 of the appeal and restore these appeals back to the file of the learned CIT (A) to decide the issue afresh. He also directed now that as an official liquidator has been appointed, the respective notice for the hearing etc are also requiring to be addressed to the official liquidator. The assessee is also directed to place before the learned CIT (A) the revised form No.35 duly signed by the official liquidator. This may be taken on record by the learned CIT(A) and then decide the issue of condonation of delay in filing of these appeals of 23 months after granting proper opportunity of hearing . If the appeals are admitted, then to decide the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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